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The role of legislative, executive and judicial mechanisms in ensuring a fair and effective asylum process

Francis, Angus J. (2009) The role of legislative, executive and judicial mechanisms in ensuring a fair and effective asylum process. PhD thesis, Australian National University.

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Abstract

A good faith reading of core international protection obligations requires that states employ appropriate legislative, administrative and judicial mechanisms to ensure the enjoyment of a fair and effective asylum process. Restrictive asylum policies instead seek to ‘denationalize’ the asylum process by eroding access to national statutory, judicial and executive safeguards that ensure a full and fair hearing of an asylum claim. From a broader perspective, the argument in this thesis recognizes hat international human rights depend on domestic institutions for their effective implementation, and that a rights-based international legal order requires that power is limited, whether that power is expressed as an instance of the sovereign right of states in international law or as the authority of governments under domestic constitutions.

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ID Code: 42484
Item Type: Thesis (PhD)
Keywords: International Law, International Refugee Law, Refugee Status Determination
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Law (excl. International Trade Law) (180116)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Institution: Australian National University
Copyright Owner: Copyright 2009 Angus J. Francis
Deposited On: 07 Jul 2011 09:49
Last Modified: 07 Jul 2011 09:49

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